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UC Work Capability Forms and Change of Circumstances - Query Appeal Grounds?
- Judith
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2 years 2 months ago #275304 by Judith
UC Work Capability Forms and Change of Circumstances - Query Appeal Grounds? was created by Judith
Hi, I'm a member here and very grateful for the PIP guides. My adult son has recently been sent the forms for the work capability assessment on the grounds of mental health issues, for which I'm helping him with the wonderful guides here. But another problem has come to light unfortunately!
He moved from his shared flat back home in March and so reported the change of circumstances on his UC journal. Even though he still had to pay rent in his flat because of a fixed tenancy agreement until August, he couldn't claim housing costs here because he doesn't have a tenancy agreement with me etc. But, last week he was told that because he reported his housing cost changes on the last day of his assessment period, ie 16 March which was the day he travelled home, he's going to have to give back all the housing costs for the period 17 Feb to 16 March. If he had said he came home on the 17 March, there would have been no issue with overpayment apparently. I checked the gov.uk info and the relevant page says that 'it can affect payment for the whole assessment period' not that it automatically does or other such wording. It seems crazy that he loses a month worth of housing money when it should only affect the day he reported the change, if it was a fair system...... He's been penalised for not lying I think!
I can't find anything in the Guides that refers to a mandatory reconsideration for this sort of thing. Is it worth doing? Any advice gratefully received, Thanks, Inge
He moved from his shared flat back home in March and so reported the change of circumstances on his UC journal. Even though he still had to pay rent in his flat because of a fixed tenancy agreement until August, he couldn't claim housing costs here because he doesn't have a tenancy agreement with me etc. But, last week he was told that because he reported his housing cost changes on the last day of his assessment period, ie 16 March which was the day he travelled home, he's going to have to give back all the housing costs for the period 17 Feb to 16 March. If he had said he came home on the 17 March, there would have been no issue with overpayment apparently. I checked the gov.uk info and the relevant page says that 'it can affect payment for the whole assessment period' not that it automatically does or other such wording. It seems crazy that he loses a month worth of housing money when it should only affect the day he reported the change, if it was a fair system...... He's been penalised for not lying I think!
I can't find anything in the Guides that refers to a mandatory reconsideration for this sort of thing. Is it worth doing? Any advice gratefully received, Thanks, Inge
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- Gary
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2 years 2 months ago #275336 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic UC Work Capability Forms and Change of Circumstances - Query Appeal Grounds?
Hi Ingericks
You will not find anything in our guides as we do not cover housing issues and would refer you to Shelter for advice.
If you report anything within your current assessment period then it may affect your next payment, so you do need to get your timing right, this is why we advise claimants to contact a Welfare Rights Organisation.
Gary
You will not find anything in our guides as we do not cover housing issues and would refer you to Shelter for advice.
If you report anything within your current assessment period then it may affect your next payment, so you do need to get your timing right, this is why we advise claimants to contact a Welfare Rights Organisation.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Judith
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2 years 2 months ago #275348 by Judith
Replied by Judith on topic UC Work Capability Forms and Change of Circumstances - Query Appeal Grounds?
Hi Gary, thank you for your reply and the advice - very grateful for your time and knowledge, thanks, I shall contact the organisations you suggested, Inge
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